Use of S106 to secure infrastructure after April 2015 - Public forum - Planning Advisory Service (PAS)
Use of S106 to secure infrastructure after April 2015
I am currently considering the impact of regulation 123 when it comes into effect in April 2015, assuming that we have not by this time adopted a CIL Charging Schedule and so have no Regulation 123 list published. My original understanding of the regulations was that the restrictions on the use of S106 for securing infrastructure after April 2015 was only in relation to pooling; that you cannot enter into an agreement if you have already pooled 5 S106 agreements for that type or specific piece of infrastructure.
However on reading the regulations in a bit more detail, specifically 123 (2) and the definition of 'relevant infrastructure', it suggests that where the authority has not published a 123 list on its website, it cannot enter into a planning obligation for any infrastructure. Is this really the case? This appears to prohibit the use of S106 even for site specific infrastructure.
If so, in order to overcome the issue of not being able to secure any infrastructure through S106, even if it is site specific, could the authority publish a 123 list, without having adopted a charging schedule?
Richard Holmes, modified 9 Years ago.
RE: Use of S106 to secure infrastructure after April 2015
New Member Posts: 13 Join Date: 20/10/11 Recent PostsI assume, although I'm no legal expert and struggle to follow the CIL Regs, that the requirement to publish a 123 List only applies to charging authoririties. So if you don't have a CIL you don't need to comply with that bit of the Regulation?
Thanks Richard, that's what I had assumed. Although, my main concern really is in relation to the restrictions on using S106 agreements for securing 'any' infrastructure, if you don't have a 123 list. Can anyone else help? Many thanks Ashley.